RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) First accused in S.C.No. 434/2000 on the file of the Court of the II Addl. Assistant Sesssions Judge, Thiruvanathapuram is the appellant. The appellant and 2nd accused faced trial for offences punishable under section 55(a) of the Abkari Act. the brief facts of the case as follows:

(2.) As the revision is filed through the jail authorities, a member of the State Brief Panel has been appointed to defend the case of the petitioner.

(3.) The learned counsel for the petitioner contends that both the courts below have committed serious error in relying on the evidence of the prosecution witnesses to find the petitioner guilty of the charge. Secondly, It is contended that the police officials who detected the crime have not complied with the provisions of section 36 of the Abkari Act and the provisions of the Kerala Excise Manual. Thirdly, it is contended that the sentence awarded against the petitioner is excessive.